There are no stupid questions.
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Don't be a fascist.
That may be the beginning of a chain of lawsuits starting with Healthcorp because the first breach of contract would be between them and the patient. They would then bring a lawsuit against the contractor for their failures that breached contract between companies.
This is guesswork, mind you and if someone has a sure answer I'd be interested in knowing. Great question!
Healthcorp is still liable, you can subcontract a job, but uou can't subcontract the responsibillity.
What I mean is that Healthcorp should have procedures to test the backup, and as soon as it failed, they should inform the government.
It can also be asked, why Healthcorp only had one backup of the data, when it is best practice to have a 3-2-1 backup system, if Archivetopia offered a service as a 3-2-1 solution, why didn't Healthcorp select that? If they did why didn't they verify the claims of the service?
At the end, Healthcorp would get hit with a fine, but they in turn could sue Archivetopia for breach of contract.
Who is liable in this case?
What country did this happen in?
Without this all the answers will be useless if the person answering lives somewhere you don't.
Good point. I guess the US since most people here are probably from there.
most people here are probably from there.
I'm not...
While that may have been true of reddit, I have my doubts.
Fair enough, I'm curious about if this was in your country then.
My guess would be:
Healthcorp would be in serious trouble as they are responsibly for the records.
Archivetopia would also be up for breach of contract but that would be a separate case and Healthcorp would not be able to abrogate their responsibility.